MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Utilities; Judiciary A

By: Representative Ellis (By Request)

AN ACT TO AMEND SECTION 11-27-43, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UTILITY COMPANIES SHALL BE IMMUNE FROM LIABILITY FOR DAMAGE TO VEHICLES WHICH NEGLIGENTLY STRIKE THE POSTS OR OTHER FACILITIES OF THE UTILITY ERECTED ALONG PUBLIC THOROUGHFARES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-27-43, Mississippi Code of 1972, is amended as follows:

11-27-43. All companies or associations of persons incorporated or organized for the purposes set forth in Section 11-27-41 are authorized and empowered to erect, place and maintain their posts, wires and conductors along and across any of the public highways, streets or waters and along and across all turnpikes, railroads and canals, and also through any of the public lands, and to do such clearing as may be reasonably necessary for the proper protection, operation and maintenance of such facilities; however, in all cases such authorization shall meet the requirements of the National Electrical Safety Code. The same shall be so constructed and placed in the exercise of reasonable care, so as not to be unreasonably dangerous to persons or property, nor interfere with the common use of such roads, streets, or waters, nor with the use of the wires of other wire-using companies, or more than is necessary with the convenience of any landowner. However, a company or association shall not be liable to any user of any public highway, street, waters, turnpike, railroad, canal or public land whose vehicle leaves the traveled portion thereof and negligently strikes the posts, wires or conductors of the company or association off the traveled portion thereof. In the event of negligent operation of the vehicle, full liability for damage to a structure, the vehicle, contents of the vehicle, cargo, operator or any occupant shall be borne entirely by the operator of the vehicle.

SECTION 2. This act shall take effect and be in force from and after its passage.